Construction Accidents Lawyer

Representing Injured Workers and Families Across New York

Every day, construction workers risk their lives building New York’s skyline. But when safety protocols are ignored, and employers or contractors cut corners, lives are shattered. A fall from a scaffold, a collapsing trench, or a malfunctioning crane can change everything in an instant—leaving you in pain, out of work, and uncertain about the future.

At The Law Office of Miller & Gaudio PC, we don’t just file claims—we pursue justice. With decades of experience handling construction accident cases across NYC, we understand how the law protects injured workers and how to make that law work in your favor. We fight to ensure you’re compensated for your injuries, your losses, and your future needs.

 

Why Hiring a Construction Accident Attorney Is Essential

Construction Is One of the Most Dangerous Jobs in NYC

From Midtown Manhattan to the Bronx, Brooklyn, Queens, and Staten Island, construction zones are everywhere—and so are accidents. Despite OSHA safety regulations and New York labor laws, construction workers remain at high risk for serious and fatal injuries due to inadequate fall protection, unsafe equipment, and negligent site management.

You May Have Legal Options Beyond Workers’ Compensation

Workers’ comp only covers medical costs and a portion of lost wages. It does not compensate for pain and suffering, future income loss, or reduced quality of life. Nor does it hold contractors, property owners, or third-party vendors accountable for negligence. That’s where we come in. Our attorneys examine your case to determine whether you can file a third-party personal injury claim, which can lead to much larger financial recoveries.

Decades of Experience in Labor Law Claims

We have deep knowledge of New York Labor Law §§ 200, 240(1), and 241(6)—laws specifically designed to protect construction workers. These statutes allow injured parties to hold property owners and contractors liable when falls, falling objects, or code violations cause injury. We know how to build strong legal arguments under these laws and are not afraid to take cases to trial when necessary.

 

Types of Construction Accidents We Handle

1. Scaffolding and Ladder Falls

New York Labor Law §240(1) provides special protection for workers injured due to height-related accidents. If you fell from a ladder or scaffold that wasn’t properly secured or equipped with safety rails, you may be entitled to significant compensation—even if your employer insists workers’ comp is your only option.

2. Crane and Heavy Equipment Accidents

Cranes, bulldozers, forklifts, and hoists are essential to large-scale construction projects, but when improperly maintained or operated, they become deadly. We investigate equipment failure, operator error, and training deficiencies to determine liability.

3. Falling Debris and Tools

Even with hard hats, falling materials can cause brain injuries, eye damage, or death. Many of these accidents are preventable and occur due to improper material storage, lack of toe boards, or failure to maintain controlled zones.

4. Electrocutions and Burns

Live wires, exposed circuits, welding sparks, or chemical exposure often cause burns, electrocution, or fires. These injuries not only require emergency treatment but often involve long-term rehabilitation and psychological trauma.

5. Trench Collapses and Excavation Accidents

When trenching safety rules are ignored, collapses can bury workers alive or crush them with thousands of pounds of soil. We work with engineering experts to prove site mismanagement or equipment failure in these tragic events.

 

Common Injuries in Construction Site Accidents

Catastrophic Injuries That Change Lives

Construction accidents frequently result in life-altering harm. Victims may suffer:

1. Spinal cord injuries leading to partial or total paralysis
2. Traumatic brain injuries causing memory loss, mood disorders, or cognitive impairment
3. Amputations from being crushed or caught in machinery
4. Multiple fractures that require surgeries and extensive rehabilitation
5. Burns from fires, chemicals, or electrical hazards
6. Permanent disfigurement and loss of physical ability
7. Respiratory injuries from inhaling hazardous dust or fumes
8. Fatal injuries, often involving falls or cave-ins

These are not just physical wounds. They often bring emotional trauma, financial instability, and diminished quality of life. Our legal strategies focus on the full picture—securing compensation not just for medical bills, but for the human cost of your injuries.

 

How to File a Construction Accident Claim in NYC

Start with Medical Care and Incident Reporting

The first priority after any construction injury is to seek immediate medical treatment. Even if your injuries seem minor, documentation is critical. You must also report the incident to your employer within 30 days to preserve your right to workers’ compensation.

Workers’ Compensation Claims

Workers’ compensation provides wage replacement and coverage for medical expenses, but it does not account for full lost wages, future income loss, or non-economic damages like pain and suffering. Our firm ensures your workers’ comp claim is filed accurately and on time, and we challenge wrongful claim denials or undervaluations.

Personal Injury and Third-Party Lawsuits

If another entity—a subcontractor, manufacturer, engineer, or property owner—was responsible for unsafe conditions, we file a personal injury lawsuit seeking comprehensive compensation. These lawsuits allow you to recover for both economic and non-economic losses, significantly increasing your financial recovery.

Strict Filing Deadlines

In New York, the statute of limitations for personal injury claims is generally three years from the date of the accident. Wrongful death claims must be filed within two years. Workers’ compensation claims must be filed within two years of the accident or last payment. Our attorneys manage all critical deadlines so you don’t have to worry.

 

Determining Liability in Construction Injury Cases

Multiple Parties May Be Responsible

Construction sites involve numerous parties: general contractors, subcontractors, site owners, equipment manufacturers, architects, and engineers. If any of these fail in their duty to maintain a safe work environment, they may be held legally liable.

Understanding Labor Law Protections

1. Section 240(1): Holds owners and contractors strictly liable for height-related injuries due to inadequate safety devices.
2. Section 241(6): Covers accidents stemming from unsafe practices or failure to comply with NY Industrial Code regulations.
3. Section 200: Allows workers to sue for general negligence or unsafe work conditions.

Our firm uses these statutes to build powerful cases. We collect safety logs, OSHA violation records, witness statements, and expert testimony to establish liability beyond dispute.

 

Compensation You May Be Entitled To

Economic Compensation

You can recover all accident-related expenses, including hospital bills, surgeries, medications, physical therapy, mobility aids, and in-home care. We also pursue damages for current and future lost wages, reduced earning capacity, and any job retraining you may require.

Non-Economic Damages

These include compensation for physical pain, emotional suffering, trauma, loss of companionship, disfigurement, and reduced enjoyment of life. These damages are especially important in cases involving permanent disability or psychological harm.

Punitive Damages and Wrongful Death Compensation

If a company or individual acted with reckless disregard for safety—such as ignoring multiple OSHA warnings—punitive damages may apply. For families who have lost a loved one, we file wrongful death claims that seek compensation for funeral costs, lost financial support, and emotional loss.

 

How The Law Office of Miller & Gaudio PC Helps You

Personalized Legal Advocacy

From your first call, we treat you as a person, not a case file. We listen to your concerns, evaluate your case at no cost, and explain your legal options clearly and respectfully.

Complete Case Management

We handle every aspect of your claim—from evidence collection and witness interviews to negotiating with insurance adjusters and presenting your case in court. You never have to worry about paperwork, phone calls, or legal confusion—we take care of it all.

Trial-Ready Litigation and Aggressive Negotiation

Insurance companies and contractors take us seriously because we prepare every case as if it’s going to trial. This trial-ready approach allows us to negotiate from a position of strength, often leading to faster, higher settlements.

No Fee Unless We Win

We work on contingency. That means no out-of-pocket costs for you—ever. If we don’t win your case, you owe us nothing.

 

Frequently Asked Questions About Construction Accident Claims

What should I do immediately after a construction accident?
The first and most important step is to seek medical attention, even if you believe your injuries are minor. Prompt treatment protects your health and creates critical documentation for your claim. Next, notify your employer as soon as possible, ideally in writing. This is required for workers’ compensation eligibility. Finally, consult with an attorney before speaking to any insurance representatives or signing any documents. Your words and actions after the accident can significantly impact your case.

Is workers’ compensation my only option?
No. While workers’ compensation provides basic benefits such as medical treatment and partial wage replacement, it does not allow you to recover for pain and suffering or other non-economic damages. If your injury was caused by the negligence of a third party—such as a general contractor, subcontractor, property owner, or equipment manufacturer—you may also have the right to file a personal injury lawsuit. These claims can provide significantly higher compensation.

Can I sue my employer for a construction injury?
In most cases, New York’s workers’ compensation system protects employers from being sued directly by their employees. However, exceptions exist if your employer intentionally caused your injury, or if they failed to carry the required workers’ comp insurance. More commonly, lawsuits are filed against third parties who contributed to the unsafe condition or accident.

What if I was partially at fault for the accident?
New York follows the rule of comparative negligence, which means that your compensation may be reduced based on your percentage of fault—but you are not barred from recovery. For example, if you were found to be 30% responsible for your accident, your total compensation would be reduced by that amount. In many cases, especially under Labor Law §240, liability may be assigned entirely to the employer or property owner, regardless of the worker’s actions.

How long do I have to file a construction injury claim?
You must notify your employer of your injury within 30 days to qualify for workers’ compensation benefits. The formal workers’ comp claim must typically be filed within two years of the injury. If you are filing a personal injury lawsuit or a third-party liability claim, the statute of limitations in New York is generally three years from the date of the accident. Wrongful death claims must be filed within two years. Missing these deadlines could result in losing your right to compensation.

 

Contact The Law Office of Miller & Gaudio PC Today

Time is not on your side after a construction injury. Delays can weaken your case, allow evidence to disappear, and give negligent parties a head start on their defense. If you’ve been injured, or if a loved one has died due to unsafe site conditions, The Law Office of Miller & Gaudio PC is here to help.

Contact us today to schedule your free consultation and begin your path to justice and financial recovery.